Description: The Appellate Advisory Committee proposes amending the rule that governs initiating an appeal in a felony case after a plea of guilty or nolo contendere or after an admission of a probation violation. In these cases, a certificate of probable cause is required if the defendant seeks to appeal an issue that challenges the validity of the plea or admission. Currently, the rule requires the trial court clerk to mark a notice of appeal “Inoperative” if the defendant did not file the statement requesting a certificate of probable cause or the trial court denied a certificate. However, because an appeal can be based on grounds that do not require a certificate, the clerk must review the notice of appeal and decide whether it should be filed notwithstanding the lack of a certificate. The amendments would reorganize the rule, simplify procedures, and eliminate the onus on the clerk to make a legal decision. The proposal is based on a suggestion from a member of another advisory committee.

Category: Appellate

Item Number: SPR21-02

Deadline: May 2, 2021

File: spr21-02.pdf